When the Wheels Stop Spinning

There are risks and dangers to children in every community when they are passengers in vehicles, drivers of vehicles, bicyclists, or pedestrians. This book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident, was written for parents seeking answers and information when a child suffers personal injuries as a result of an accident. The issues and challenges of dealing with the aftermath of an accident involving personal injuries to a child are many in number. They range from medical treatment to insurance issues to financial issues to legal issues and beyond. Certainly, a child is in no position to handle these matters on his or her own. Furthermore, a parent, who often has limited experience in dealing with insurance and legal matters, is not in a very good position to advocate effectively for their children. This book provides information to parents to educate them as to some of the issues and questions that arise when a child suffers personal injuries.

There are three basic issues that are part of most every child injury case involving a child pedestrian, child bicyclist, passenger or driver.

1. Liability. This refers to the part of the case involving fault. Many states have a comparative fault set of laws in place. In other words, the attorney for the child injury victim does not have to prove that 100% of the fault was attributed to a particular driver. Even if the child victim is partially at fault (in addition to the driver’s fault), a case/claim for personal injuries can still be pursued. In determining the liability, fault, and/or responsibility for a particular accident or incident, the investigation may include the review of the police report and accident scene. In addition, if there were witnesses to the accident, statements can be taken as well. While it is helpful if the police officer issues a traffic citation to the alleged at fault driver, the issuance of a traffic citation is not required in many states to pursue claim for personal injuries. Because of the issue of liability can be quite confusing and complicated, it is often times helpful to hire a Personal Injury Attorney to review the facts and details of the accident.

2. Damage. This typically refers to injuries sustained by the child as a result of the bicycle, pedestrian, or automobile accident. The value of the case is usually contingent on the extent or seriousness of the injuries. Factors that may be considered include the following: length of the medical treatment, type of medical treatment, diagnostic testing results, permanency of the injuries, the manner in which the child’s life has been affected or disrupted, the need for future care, the need or performance of surgery, extent of scarring, extent of disfigurement, and other factors. The one time emergency room visit is valued much differently than a case involving a year of treatment by many specialists.

3. Automobile/Liability Insurance. If a liability can be proved and the damages or injuries warrant the pursuit of a legal claim/legal case then practical considerations must be considered. One major practical consideration involves the availability and amount of automobile/ liability insurance. While there are laws in place that require an owner of a vehicle to maintain automobile insurance, the basic or minimal requirements are typically insufficient to properly compensate a child injury victim. Because of this, it is important to determine the amount and type of coverage that are in place for a particular injury or accident. Hopefully, the vehicle owner or driver purchased a policy in excess of the minimal requirements. A Personal Injury Attorney can help review the available insurance and advise the parent as to the practicalities of a particular claim or case.

The book explores these and other topics to provide parents with information to be better equipped to recognize the issues and complications that arise in the aftermath of an accident. Read the book. Get informed. Get help, advice, and legal representation in place for your injured child. Contact David Wolf for a Free Consultation.